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    <title>2005 (11) TMI 283 - CESTAT, KOLKATA</title>
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    <description>Recovery of CENVAT credit on an alleged shortage of capital goods could not be sustained without verifying the assessee&#039;s explanation that the moulds had been repeatedly used, had become scrap, were reflected in statutory records, and were cleared on payment of duty. Because the record did not show conclusive verification of removal or a factual finding disproving that explanation, a fresh factual determination was required before deciding the credit dispute. The matter was remanded for reconsideration after verification of the assessee&#039;s plea and observance of natural justice.</description>
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      <title>2005 (11) TMI 283 - CESTAT, KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=116761</link>
      <description>Recovery of CENVAT credit on an alleged shortage of capital goods could not be sustained without verifying the assessee&#039;s explanation that the moulds had been repeatedly used, had become scrap, were reflected in statutory records, and were cleared on payment of duty. Because the record did not show conclusive verification of removal or a factual finding disproving that explanation, a fresh factual determination was required before deciding the credit dispute. The matter was remanded for reconsideration after verification of the assessee&#039;s plea and observance of natural justice.</description>
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